EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Heritage Railway Service, Inc. - DAR

The ALJ found that pre-amendment section 3210(a) applied to the top of the train tank car. There was a metal walkway from one end to the other that was protected by guardrails except for a ladder landing at the center of the car that had a removable safety chain across it. A worker went up on the car by climbing a ladder at one end. The safety chain at the center landing was unhooked. While he was working near the center of the car, the employee fell through the unguarded opening 16-20 feet to the ground, shattering his heels and injuring his back The independent employee action defense was unavailable because section 3210(a) required positive guarding. No other issues were addressed. A serious violation of section 3210(a) was sustained.

HERITAGE RAILWAY SERVICE, INC. 98-1088 DAR 4/10/02